M.Kaliyappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Kaliyappan ... Petitioner Vs.

1.The District Collector, District Collector Office, Dharmapuri.

2.The District Surveyor, Dharmapuri.

3.The Thasildar, Thasildar Office, Pennagaram - 636 810.

4.The Village Assistant Officer, The Village Assistant Office, Koothapadi Village, Pennagaram - 636 810.

5.The FIRGA Surveyor, Pennagaram - 636 810.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to survey my land situated at Dharmapuri District, Koothapadi Village, S.No.282/2C, 279/B, 2771/1 total extent of 54 cents.

For Petitioner : Mr.M.Jaisingh For Respondents : Mr.E.Sunda Ram, Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the Tahsildar / the 3rd respondent to survey the land of the petitioner situated at Dharmapuri District, Koothapadi Village, S.No.282/2C, 279/B, 2771/1, total extent of 54 cents.

2. The petitioner states that he had purchased the subject property described in the present writ petition and in is possession and enjoyment since then. The petitioner submitted an application to survey the land and had paid necessary charges. However, the said application was not considered by the authorities and therefore, the petitioner is constrained to move the present writ petition.

3. The learned Government Advocate appearing on behalf of the respondents has brought to notice of this Court that applications filed by the petitioner were rejected on the ground that in respect of the subject property, joint patta was granted by the Revenue authorities. Therefore, applications submitted by the petitioners in this individual capacity cannot be entertained.

More so, it is brought to notice that the petitioner has sold the property. This being the factum, the petitioner is not entitled for the relief, as such sought for in the present writ petition.

4. Accordingly, the writ petition stands dismissed. No costs. 27.07.2023 skr Index : Yes Speaking order To 1.The District Collector, District Collector Office, Dharmapuri.

2.The District Surveyor, Dharmapuri.

3.The Thasildar, Thasildar Office, Pennagaram - 636 810.

4.The Village Assistant Officer, The Village Assistant Office, Koothapadi Village, Pennagaram - 636 810.

5.The FIRGA Surveyor, Pennagaram - 636 810.

S.M.SUBRAMANIAM, J.

skr 27.07.2023